REPORT AND RECOMMENDATION ON CHANGE OF PLEA

CHRIS McALILEY, Magistrate Judge.

The Honorable Paul C. Huck referred this matter to me to conduct a change of plea hearing for Defendant Myrick Leslie Rucker, Jr. (ECF No. 15). I held that hearing today, and for the following reasons recommend that the Court accept Defendant's plea of guilty.

1. At the outset of the hearing, I told Defendant of his right to have these proceedings conducted by Judge Huck, the presiding District Court Judge. I also advised Defendant that Judge Huck would sentence Defendant, and make all findings and rulings concerning Defendant's sentence.

2. Defendant was made aware that he did not have to permit this Magistrate Judge to conduct this hearing and could request that the change of plea hearing be conducted by Judge Huck. Defendant, Defendant's attorney, and the Assistant United States Attorney all agreed on the record and consented to my conducting the change of plea hearing.

3. I conducted the plea colloquy with Defendant in accordance with Federal Rule of Criminal Procedure 11.

4. Defendant pled guilty to the counts charged in the Indictment.

5. The parties agreed to a written factual proffer and had that document with them at the hearing. It states a factual basis for each crime to which Defendant pled guilty. This was later filed with the Court. Defendant said that he read that factual proffer and agreed to its accuracy; he also confirmed that he signed it. Government counsel identified all the essential elements of the offenses to which Defendant plead guilty, including any sentencing enhancements and/or aggravating factors that may be applicable. Defendant also explained in his own words how he committed the crimes charged in the Indictment. I found that a factual basis exists for Defendant's plea of guilty. Defendant was also advised of the statutory maximum penalties. Defendant acknowledged that he understood these possible penalties, including the minimum consecutive term of two-years' imprisonment for count four and the maximum term of up to 10-years' imprisonment for count two.

6. Based upon the foregoing and the statements and findings at the plea colloquy, which I incorporate into this Report and Recommendation, I find that Defendant was competent and capable of entering an informed plea, and that his guilty plea was knowing and voluntary and has factual support. I recommend that the Court adopt these findings and adjudicate Defendant guilty of the crimes charged in the Indictment.

Accordingly, I RECOMMEND that the Court accept Defendant's plea of guilty, adjudicate Defendant guilty of the crimes charged in the Indictment, and that a sentencing hearing be conducted for final disposition of this matter.

No later than fourteen days from the date of this Report and Recommendation the parties may file any written objections to this Report and Recommendation with Judge Huck, who is obligated to make a de novo review of only those factual findings and legal conclusions that are the subject of objections. Only those objected-to factual findings and legal conclusions may be reviewed on appeal. See Thomas v. Arn, 474 U.S. 140 (1985), 28 U.S.C. § 636(b)(1); Fed. R. Crim. P. 59(b), 11th Cir. R. 3-1 (2016).

RESPECTFULLY RECOMMENDED.